Legislature(2005 - 2006)BELTZ 211
04/05/2005 01:30 PM Senate LABOR & COMMERCE
| Audio | Topic |
|---|---|
| Start | |
| SB139 | |
| SJR11 | |
| SB142 | |
| SB160 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 160 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 139 | TELECONFERENCED | |
| += | SJR 11 | TELECONFERENCED | |
| += | SB 142 | TELECONFERENCED | |
SB 139-EXTENSIONS OF OCCUPATIONAL BDS/AGENCIES
CHAIR CON BUNDE announced SB 139 to be up for consideration.
TOM MAHER, staff to Senator Therriault, sponsor, explained the
provisions in SB 139 stem from two audit reports prepared by the
Division of Legislative Audit.
MR. MAHER explained that SB 139 extends the sunset date for
Board of Marital and Family Therapy from June 30, 2005 to June
30, 2010 as per the audit. It also incorporates recommendations
contained in an audit of the sunset process itself. Section 2
clarifies for boards that are terminated that their authority
for regulatory and disciplinary powers is transferred to the
Department of Community & Economic Development (DCED). Currently
this happens, but statutes don't give the department the
authority to those activities.
Sections 3 and 4 change the standard sunset period for
occupational boards in AS 08.03.020(c) and non occupational
boards in AS 44.66.010(c) from not to exceed four years to not
to exceed eight years. Increasing the standard sunset period
allows for better use of audit staff and make the sunset process
less consuming for the legislature, the boards and regulatory
agencies.
Finally, section 5 adds two criteria that must be considered in
the course of a sunset review by the auditors. They are the
extent to which the board, commission or agency has effectively
attained its objectives and the efficiency with which it has
operated and the extent to which the board, commission or agency
duplicates activities of another governmental agency or the
private sector. Expanding the criteria will assure that auditors
will measure the efficiency and effectiveness of boards,
commissions and the agencies under review.
1:40:39 PM
SENATOR BEN STEVENS joined the committee.
1:42:11 PM
PAT DAVIDSON, Division of Legislative Audit, said she recommends
extension of the Board of Marital and Family Therapy. During the
course of her review she looked at whether it should be combined
with other behavioral health boards. But if they continue on
separately as they are, she recommends a five-year extension.
The audit looks at efficiency and the effectiveness of the
Alaska sunset process, a process that came to Alaska in 1977
when a lot of other states started using it also. Since then,
six states have suspended their sunset process and six have
outright repealed it. Alaska has a standard four-year extension,
another group are at six years and another is at ten years.
Given the times the boards and commission have come under
review, it really isn't a question any more that they be
continued. She is now looking more at efficiency and
effectiveness issues.
1:45:20 PM
RICK URION, Director, Division of Occupational Licensing, said
he was a legislator when the 1977 sunset law was passed and he
supported SB 139 now. He noted that the Board of Opticians is
scheduled to sunset and sooner or later the law will need to be
clarified about what the department does in that case.
1:46:44 PM
CHAIR BUNDE moved Amendment 1 as follows for discussion
purposes:
Delete section 2 and insert:
Sec. 2. AS 08.02.020(a) is amended to read:
(a) Upon termination, each board listed in AS
08.03.010 shall continue in existence until June 30 of
the next succeeding year for the purpose of concluding
its affairs. During this period, termination does not
reduce or otherwise limit the powers or authority of
each board. One year after the date of termination, a
board not continued shall cease all activities, and
all statutory authority of the board is transferred to
the department.
MR. URION explained that it clearly establishes that all the
board's statutory authority is transferred to the department. A
new section (4) makes it clear that any litigation,
investigations and licenses that have been issued are in place
until changes are made.
CHAIR BUNDE said there were no objections and Amendment 1 was
adopted.
1:48:14 PM
CHAIR BUNDE moved Amendment 2 as follows for discussion
purposes:
Add a new section to the bill:
Sect. 4. AS 08.03.020 is amended by adding a new
subsection to read:
(d) The department shall carry out the functions of a
board that has been terminated and ceased all
activities. Litigation, hearings, investigations and
other proceedings pending at the time the board ceased
activities continue in effect and may be continued or
completed by the department. Licenses, certificates,
orders and regulations issued or adopted by the board
and in effect at the time the board ceased activities,
remain in effect for the term issued, or until revoked
amended, vacated or repealed by the department.
1:48:59 PM
SENATOR BEN STEVENS asked if the legislature allows the board to
sunset, does that automatically confer its authority to the
department.
MR. URION replied that is correct. For example, if the Board of
Opticians sunsets, the department would continue to license and
follow the criteria in the law. He added, "We license a whole
lot of people in the state without boards."
1:50:30 PM
MS. DAVIDSON explained that two legal opinions, one from the
Department of Law and one from Legislative Legal, address what
happens when a board sunsets. One opinion said that from the
time the board sunset, no one can be issued a license, but those
licenses don't go away. But nothing can move forward in terms of
licensing. The second opinion was that if a board goes away,
then the regulations that refer to it are moot. In which case,
if you have no regulations to carry out the function of the
statute, there is no process for people that are licensed to
continue with the license or it goes into a limbo.
Last year she recommended allowing the Board of Opticians to
sunset and starting up a registration process that would allow
for individuals who want to call themselves registered
dispensing opticians to meet certain qualifications and
criteria.
MS. DAVIDSON said if any board is going to sunset, it goes into
a wind-down year. But boards don't want to wind down; they
really hope for an extension. This bill lets the department step
into that space providing for an orderly process.
1:53:24 PM
SENATOR BEN STEVENS said the decision to shut down comes from
the legislature and he asked if the department could manage
without further input from it.
MS. DAVIDSON replied that the legislature would have to take
further actions by eliminating all the statutes if it wanted the
whole licensing function to go away. Eliminating the board would
be a first step in that process.
SENATOR BEN STEVENS asked if the department would continue
licensing under regulation until that happened.
MS. DAVIDSON replied, "Yes, it would."
1:55:48 PM
CHAIR BUNDE assumed that the boards are charging enough to be
self-supporting, but if the departments have to issue licenses,
he thought a fiscal note might be necessary.
MS. DAVIDSON replied that the statute says any occupations being
regulated by the division have to be self-supporting.
1:56:19 PM
SENATOR STEVENS asked what other boards would fall under
provision.
MR. URION replied about 20 more licensing boards.
CHAIR BUNDE said he thought it was an administrative goal to
eliminate some of the boards, but he didn't see a lot of
movement in that direction.
1:56:59 PM
CHAIR BUNDE said there was no further objection to Amendment 2
and it was adopted. He said he would hold CSSB 139(L&C) for
another hearing.
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